Guide to Spousal Sponsorship in Canada

To be eligible for spousal sponsorship, the sponsor must meet the following criteria:

 

1. Be a Canadian citizen or permanent resident.

2. Be at least 18 years of age.

3. Not be in default of any previous sponsorship or immigration-related undertakings.

4. Have sufficient income to support the sponsored person and any dependents.

 

To be eligible as a sponsored spouse or partner, the person being sponsored must meet the following criteria:

1. Be married to or in a common-law relationship with the sponsor.

2. Be at least 18 years of age.

3. Not be inadmissible to Canada due to criminal, security or medical reasons.

4. Provide proof of a genuine and ongoing relationship with the sponsor.

 

The spousal sponsorship process involves several steps, including submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing medical exams and security checks, and attending an interview with an immigration officer.

 

The processing time for spousal sponsorship applications varies depending on the specific circumstances of each case. However, IRCC aims to process applications within 12 months from the date of submission.

 

If the application is approved, the sponsored spouse or partner will receive permanent resident status in Canada, which allows them to live, work, and study in Canada on a permanent basis.

 

Inland Spousal Sponsorship

 

Inland spousal sponsorship is a type of spousal sponsorship program offered by the Canadian government. It is designed for individuals who are already living in Canada with their spouse or common-law partner and wish to sponsor them for permanent residency.

 

To be eligible for inland spousal sponsorship, both the sponsor and the sponsored person must be living together in Canada and must be able to prove their genuine and ongoing relationship. The sponsored person must also have legal status in Canada, either as a visitor, student, or worker.

 

The inland spousal sponsorship process involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing medical exams and security checks, and attending an interview with an immigration officer.

 

Once the application is approved, the sponsored person will receive an open work permit, which allows them to work in Canada while their permanent residency application is being processed. The processing time for inland spousal sponsorship applications varies depending on the specific circumstances of each case but can take up to 12 months.

 

It is important to note that the sponsored person must remain in Canada during the inland spousal sponsorship process. If they leave Canada, their application may be abandoned, and they may have to start the process again from outside Canada.

 

Outland spousal sponsorship

 

Outland spousal sponsorship is another type of spousal sponsorship program offered by the Canadian government. It is designed for individuals who are living outside of Canada with their spouse or common-law partner and wish to sponsor them for permanent residency.

 

To be eligible for outland spousal sponsorship, the sponsor must be a Canadian citizen or permanent resident, and the sponsored person must be living outside of Canada. The sponsored person must also be able to prove their genuine and ongoing relationship with the sponsor.

 

The outland spousal sponsorship process involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing medical exams and security checks, and attending an interview with an immigration officer. The application is processed through the Canadian visa office responsible for the sponsored person's country of residence.

 

Once the application is approved, the sponsored person will receive a permanent resident visa and will be able to travel to Canada to become a permanent resident. The processing time for outland spousal sponsorship applications varies depending on the specific circumstances of each case but can take up to 12 months.

 

It is important to note that the sponsored person must be outside of Canada when their outland spousal sponsorship application is approved. If they are in Canada, they may be able to apply for a visitor visa to return to their home country and complete the necessary steps for permanent residency.

 

Common-law partner sponsorship

 

Common-law partner sponsorship is a type of Canadian immigration program that allows Canadian citizens or permanent residents to sponsor their common-law partner to become a permanent resident of Canada.

 

To be eligible for common-law partner sponsorship, the sponsor and the sponsored person must have been living together in a conjugal relationship for at least one year. They must be able to prove that their relationship is genuine and ongoing and that they have been living together continuously for at least one year.

 

The common-law partner sponsorship process involves submitting an application to Immigration, Refugees and Citizenship Canada (IRCC), providing supporting documents, undergoing medical exams and security checks, and attending an interview with an immigration officer.

 

The processing time for common-law partner sponsorship applications varies depending on the specific circumstances of each case. However, IRCC aims to process applications within 12 months from the date of submission.

 

If the application is approved, the sponsored common-law partner will receive permanent resident status in Canada, which allows them to live, work, and study in Canada on a permanent basis.

 

Documents Required for Common-law partner sponsorship in Canada

 

The documents required for common-law partner sponsorship in Canada may vary depending on the specific circumstances of each case. However, here is a general list of documents that are typically required:

 

1. Application forms: The sponsor and the sponsored person must complete and sign the necessary application forms.

2. Relationship documents: The sponsor and the sponsored person must provide evidence of their genuine and ongoing relationship. This may include joint bank account statements, lease agreements, utility bills, travel itineraries, photos, and correspondence.

3. Identification documents: The sponsor and the sponsored person must provide valid identification documents, such as passports, birth certificates, or national identity cards.

4. Financial documents: The sponsor must provide proof of their income and financial resources. This may include employment letters, tax returns, pay stubs, bank statements, and other financial documents.

5. Police certificates: The sponsor and the sponsored person must provide police certificates from any country where they have lived for six months or more since the age of 18.

6. Medical exams: The sponsored person must undergo a medical exam to prove that they are admissible to Canada.

7. Other documents: Depending on the specific circumstances of the case, additional documents may be required, such as divorce certificates, custody agreements, or adoption papers.

 

It is important to note that all documents must be provided in either English or French, or accompanied by a certified translation into one of these languages. It is also important to ensure that all documents are complete, accurate, and up-to-date, as incomplete or inaccurate applications can lead to processing delays or even rejection.

 

Proof of relationship documents for Common law partner sponsorship in Canada

 

Proof of relationship documents are an essential part of a common law partner sponsorship application in Canada. They are used to establish that the relationship between the sponsor and the sponsored person is genuine and ongoing. Here are some examples of documents that can be used to demonstrate the relationship:

 

1. Joint bank account statements: This shows that the sponsor and the sponsored person share a financial relationship.

2. Lease agreements or mortgage statements: This can be used to demonstrate that the sponsor and the sponsored person share a physical residence.

3. Utility bills: This shows that the sponsor and the sponsored person are sharing household expenses.

4. Joint travel itineraries or flight tickets: This shows that the sponsor and the sponsored person have travelled together.

5. Photos: This includes photos of the couple together at different places, events or occasions.

6. Correspondence: This includes emails, letters, cards, or text messages exchanged between the sponsor and the sponsored person.

7. Joint memberships or subscriptions: This includes memberships or subscriptions to clubs, organizations, or services that are shared by the sponsor and the sponsored person.

8. Affidavits or statutory declarations: These are written statements from friends, family members, or other individuals who can attest to the genuine and ongoing nature of the relationship.

 

It is important to note that these are just examples, and other documents that can demonstrate a genuine and ongoing relationship may also be considered. It is also important to ensure that all documents provided are authentic, accurate, and current. Additionally, providing a variety of different types of documents can strengthen the application and help establish the genuineness of the relationship.

 

Common mistakes to avoid when applying for common law partner sponsorship in Canada

 

Here are some common mistakes to avoid when applying for common-law partner sponsorship in Canada:

 

1. Not meeting the eligibility requirements: It is important to ensure that both the sponsor and the sponsored person meet the eligibility requirements before submitting the application. This includes meeting the one-year cohabitation requirement and ensuring that the sponsored person is not inadmissible to Canada for criminal, security, or medical reasons.

2. Not providing sufficient evidence of the relationship: The application must include strong evidence that the relationship is genuine and ongoing. This includes providing a variety of relationship documents such as joint bank account statements, lease agreements, utility bills, travel itineraries, photos, and correspondence.

3. Providing incomplete or inaccurate information: It is crucial to ensure that all information provided in the application forms and supporting documents is complete, accurate, and up-to-date. Any discrepancies or inconsistencies can lead to processing delays or even rejection.

4. Not providing all necessary documents: All required documents must be provided, and failure to do so can result in processing delays or rejection of the application.

5. Not paying attention to processing times: Processing times can vary depending on the specific circumstances of each case. It is important to check the current processing times for common-law partner sponsorship applications and plan accordingly.

6. Not keeping up-to-date with application status: It is important to regularly check the status of the application and respond promptly to any requests for additional information or documentation.

7. Not seeking professional help: The common-law partner sponsorship process can be complex and time-consuming. Seeking professional help from a qualified immigration lawyer or consultant can help ensure that the application is complete, accurate, and submitted in a timely manner.

 

Conjugal Partner Sponsorship in Canada

 

Conjugal partner sponsorship is a category of spousal/partner sponsorship in Canada that applies to couples who are in a committed relationship but cannot qualify as common-law or married partners due to circumstances beyond their control. This could include factors such as immigration barriers, religious or cultural prohibitions, or sexual orientation.

 

To be eligible for conjugal partner sponsorship, the couple must meet the following criteria:

1. They have been in a committed and exclusive relationship for at least one year.

2. They have been separated from each other for reasons beyond their control, such as immigration barriers, religious or cultural prohibitions, or sexual orientation.

3. They are unable to live together or marry in their home country or any other country due to circumstances beyond their control.

 

The application process for conjugal partner sponsorship is similar to that of common-law or married partner sponsorship. The sponsor must submit an application to Immigration, Refugees and Citizenship Canada (IRCC), including evidence of the genuineness and ongoing nature of the relationship, identification and financial documents, and police certificates and medical exams.

 

It is important to note that conjugal partner sponsorship applications are assessed on a case-by-case basis, and the burden of proof is high. Couples must provide strong evidence to establish that they meet the eligibility criteria and that their relationship is genuine and ongoing despite the barriers they face.

 

Overall, conjugal partner sponsorship can be a complex and challenging process, and seeking professional help from a qualified immigration lawyer or consultant may be beneficial.

 

Documents Required for conjugal partner sponsorship in Canada

 

To apply for conjugal partner sponsorship in Canada, the following documents are typically required:

 

1. Relationship documents: As with any spousal/partner sponsorship application, the applicant must provide evidence of a genuine and ongoing relationship with their partner. This includes documents such as emails, phone records, travel documents, photos, and other correspondence.

2. Proof of the inability to marry or live together: The applicant must provide evidence that they are unable to marry or live together due to circumstances beyond their control, such as immigration barriers, cultural or religious prohibitions, or sexual orientation. This could include documentation such as immigration records, religious or cultural documents, or legal opinions.

3. Identification documents: The applicant must provide copies of their passport, birth certificate, and any other identification documents.

4. Financial documents: The sponsor must provide proof of their financial ability to support the applicant. This could include pay stubs, tax returns, bank statements, and employment letters.

5. Police certificates: The applicant must provide police certificates from any country where they have lived for six months or longer since the age of 18.

6. Medical exams: The applicant must undergo a medical examination by a designated physician to ensure that they meet the health requirements for immigration to Canada.

7. Other documents: Depending on the circumstances of the case, additional documents may be required, such as affidavits or statutory declarations from friends or family members, or any other documentation that can support the application.

 

It is important to note that the requirements and process for conjugal partner sponsorship can be complex and may vary depending on the specific circumstances of each case. Seeking professional help from a qualified immigration lawyer or consultant can help ensure that the application is complete, accurate, and submitted in a timely manner.

 

Proof of relationship documents for Conjugal partner sponsorship in Canada

 

Proof of relationship documents are an essential part of a conjugal partner sponsorship application in Canada.

 

They are used to establish that the relationship between the sponsor and the sponsored person is genuine and ongoing, despite the fact that they are unable to live together or marry due to circumstances beyond their control.

 

Here are some examples of documents that can be used to demonstrate the relationship:

 

1. Communication records: This includes emails, letters, and other forms of correspondence that show the ongoing communication between the sponsor and the sponsored person.

2. Evidence of visits: This includes travel itineraries and flight tickets that show that the sponsor and the sponsored person have met in person, despite the inability to live together.

3. Photos: This includes photos of the couple together at different places, events or occasions.

4. Financial documents: This includes joint bank account statements or evidence of financial support, such as money transfers or wire transfers.

5. Affidavits or statutory declarations: These are written statements from friends, family members, or other individuals who can attest to the genuine and ongoing nature of the relationship.

6. Cultural or religious documents: If the inability to live together or marry is due to cultural or religious reasons, documents that support this, such as letters from religious leaders, may also be included.

 

It is important to note that these are just examples, and other documents that can demonstrate a genuine and ongoing relationship may also be considered. It is also important to ensure that all documents provided are authentic, accurate, and current. Additionally, providing a variety of different types of documents can strengthen the application and help establish the genuineness of the relationship.

 

Common mistakes to avoid when applying for conjugal partner sponsorship in Canada

 

When applying for conjugal partner sponsorship in Canada, there are several common mistakes that applicants should avoid to increase their chances of success. Here are some of the most common mistakes to avoid:

 

1. Incomplete or inaccurate application: Applicants should ensure that all sections of the application are complete and accurate. Any mistakes or omissions can delay or even result in the rejection of the application.

2. Insufficient evidence of relationship: Applicants must provide strong evidence to establish that their relationship is genuine and ongoing, despite the inability to live together or marry. Failure to provide sufficient evidence can lead to a rejection of the application.

3. Late or missing documents: Applicants must provide all required documents in a timely manner. Late or missing documents can delay the processing of the application or even result in its rejection.

4. Failure to address eligibility criteria: Applicants must meet the eligibility criteria for conjugal partner sponsorship, which includes establishing that they are unable to marry or live together due to circumstances beyond their control. Failure to address these criteria can lead to a rejection of the application.

5. Inadequate financial support: Sponsors must demonstrate that they have sufficient financial means to support the sponsored person in Canada. Failure to provide adequate financial support can lead to the rejection of the application.

6. Providing fraudulent documents: Providing fraudulent or misleading documents can lead to the rejection of the application and can result in serious consequences for the applicant.

 

To avoid these mistakes, applicants should ensure that they have a thorough understanding of the requirements and process for conjugal partner sponsorship, and seek professional help from a qualified immigration lawyer or consultant if needed. They should also ensure that all documents provided are authentic, accurate, and current.

 

What is a sponsorship agreement when applying for spousal sponsorship in Canada?

 

A sponsorship agreement is a legally binding contract between the sponsor and the Canadian government when applying for spousal sponsorship in Canada. The sponsorship agreement outlines the responsibilities and obligations of both the sponsor and the sponsored person, as well as the consequences for failing to meet these obligations.

 

The sponsorship agreement is a mandatory requirement for all spousal sponsorships in Canada, including common-law and conjugal partner sponsorships. The agreement is designed to protect the sponsored person from being abandoned or mistreated by the sponsor after arriving in Canada, and to ensure that the sponsor is financially responsible for the sponsored person.

 

The sponsorship agreement requires the sponsor to provide financial support for the sponsored person for a period of three years from the date the sponsored person becomes a permanent resident of Canada. During this time, the sponsored person should not have to rely on social assistance from the Canadian government.

 

The sponsorship agreement also requires the sponsor to ensure that the sponsored person is provided with basic necessities such as food, clothing, and shelter. The sponsor is also responsible for helping the sponsored person integrate into Canadian society and providing emotional support.

 

If the sponsor fails to meet the obligations outlined in the sponsorship agreement, the Canadian government may take legal action against the sponsor to recover any social assistance provided to the sponsored person or to enforce the sponsor's financial obligations.

 

It is important for sponsors to carefully review and understand the terms of the sponsorship agreement before signing it.

 

Top reasons for rejection of Spousal Sponsorship application in Canada

 

There are several reasons why a spousal sponsorship application in Canada may be rejected. Here are some of the most common reasons for rejection:

 

1. Incomplete application: If the application is missing required documents or information, it may be returned or rejected. It is important to ensure that the application is fully completed and all necessary documents are included.

2. Inadmissibility: If the sponsored person is deemed inadmissible to Canada due to criminal, security, or health reasons, the application may be rejected. In some cases, the sponsor may also be deemed inadmissible, which could result in the application being rejected.

3. Insufficient proof of relationship: The application must include sufficient evidence to demonstrate that the relationship between the sponsor and sponsored person is genuine and not entered into for immigration purposes. If the immigration officer is not satisfied that the relationship is genuine, the application may be rejected.

4. Financial ineligibility: The sponsor must meet the minimum income requirements to sponsor their spouse, common-law partner, or conjugal partner. If the sponsor does not meet these requirements or cannot demonstrate their ability to support the sponsored person, the application may be rejected.

5. Misrepresentation: If false or misleading information is provided on the application or during the interview process, the application may be rejected. It is important to be truthful and provide accurate information throughout the application process.

6. Failure to meet sponsorship obligations: If the sponsor fails to meet their obligations under the sponsorship agreement, the application may be rejected. This could include failing to provide financial support or failing to ensure that the sponsored person is provided with basic necessities.

7. Other factors: Other factors that could lead to rejection of a spousal sponsorship application include errors in the application, issues with the immigration system, or changes in immigration policies or regulations.

 

It is important to carefully review the application requirements and ensure that all necessary information and documents are included.

 

Steps to apply for spousal sponsorship in Canada

 

Here are the general steps to apply for spousal sponsorship in Canada:

 

1. Determine eligibility: The first step is to determine if both the sponsor and sponsored person are eligible to apply for spousal sponsorship. Eligibility requirements include being legally married, in a common-law relationship, or in a conjugal relationship.

2. Gather documents: Next, gather all required documents for the application. This includes identity documents, proof of relationship, and financial documents. It is important to ensure that all documents are complete and accurate.

3. Submit the application: Submit the application and pay the application fee. The application can be submitted online or by mail.

4. Wait for processing: The application will be processed by Immigration, Refugees and Citizenship Canada (IRCC). This can take several months or longer, depending on the complexity of the application.

5. Attend an interview: If necessary, an interview may be scheduled with the sponsor and/or sponsored person to verify information and assess the genuineness of the relationship.

6. Receive a decision: Once the application is processed, a decision will be made by IRCC. If the application is approved, the sponsored person will be issued a permanent resident visa.

7. Meet sponsorship obligations: If the application is approved, the sponsor will need to meet the sponsorship obligations outlined in the sponsorship agreement, including providing financial support and ensuring that the sponsored person has basic necessities.

 

It is important to carefully review the application requirements and ensure that all necessary information and documents are included.

 

Is it mandatory to live together for 12 months before applying for spousal sponsorship in Canada?

 

No, it is not mandatory to live together for 12 months before applying for spousal sponsorship in Canada. However, there are different requirements depending on the type of relationship:

 

1. For married couples: There is no requirement to have lived together for a certain amount of time before applying for spousal sponsorship.

2. For common-law partners: You must have lived together continuously for at least 12 months in a conjugal relationship. This means that you have been living together as a couple and have not been living apart on a temporary basis.

3. For conjugal partners: There is no requirement to have lived together for a specific amount of time, but you must have a significant degree of attachment to each other and have been prevented from living together due to circumstances beyond your control.

 

It is important to note that there are other eligibility requirements for spousal sponsorship, including being legally married or in a common-law or conjugal relationship.

 

I have a child with my partner. Can i skip the 12 months of living together requirement for spousal sponsorship?

 

It is possible to skip the 12 months of living together requirement for common-law partner sponsorship if you have a child together with your partner, but this is not automatic. The decision will depend on the discretion of the immigration officer reviewing your application.

 

If you have a child together and can demonstrate that you are in a genuine and committed relationship, the immigration officer may use their discretion to waive the 12-month cohabitation requirement. However, it is still important to provide evidence of your relationship and to meet all other eligibility requirements for spousal sponsorship.

 

It is recommended to consult with a qualified immigration lawyer or consultant for specific guidance on spousal sponsorship requirements and the application process, especially if you are seeking to have the 12-month cohabitation requirement waived based on having a child together with your partner.

 

Spousal sponsorship obligations in Canada

 

As a sponsor of a spousal sponsorship application in Canada, you have several obligations that you must fulfill. These obligations include:

 

1. Financial Support: You must provide financial support to your sponsored partner for three years, starting from the date that they become a permanent resident of Canada. This support includes basic needs such as food, shelter, and clothing.

2. Medical Coverage: You must ensure that your sponsored partner has access to medical coverage in Canada.

3. Settlement: You must help your sponsored partner settle in Canada by providing them with information on living in Canada, such as finding a job, opening a bank account, and enrolling in language classes.

4. Report Changes: You must report any changes in your circumstances that may affect your ability to meet your sponsorship obligations, such as losing your job or getting a divorce.

5. Remain in Canada: You must remain in Canada while your sponsored partner's application is being processed and until they become a permanent resident of Canada.

6. Reimburse the Government: If your sponsored partner receives social assistance from the government during the three-year sponsorship period, you may be required to reimburse the government for any money paid out.

 

It is important to take your sponsorship obligations seriously, as failure to fulfill these obligations can have serious consequences, including financial penalties and being barred from sponsoring future applicants.

 

Can i leave Canada while my spousal sponsorship application is in process?

 

Yes, you can leave Canada while your spousal sponsorship application is in process, but there are some important things to keep in mind:

 

1. Your must not be outside Canada for a long duration: If you leave Canada for an extended period of time, your application may be delayed or denied.

2. Attend any scheduled appointments: If you have any scheduled appointments, such as an interview with an immigration officer, you must attend these appointments. If you are not able to attend due to being outside of Canada, you should contact Immigration, Refugees and Citizenship Canada (IRCC) immediately to reschedule.

3. Provide updated contact information: You must provide updated contact information to IRCC, including your current address and phone number, so that they can contact you regarding your application.

4. Be prepared to return to Canada: If your application is approved, you will be required to return to Canada to complete the landing process and become a permanent resident. It is important to ensure that you have the necessary documentation, such as a valid passport and travel documents, to return to Canada.

 

Overall, while it is possible to leave Canada while your spousal sponsorship application is in process, it is important to be aware of the potential risks and to keep IRCC updated on your whereabouts and any changes in your circumstances.

 

Divorcing a spouse you sponsored to come to Canada

 

If you sponsored your spouse to come to Canada and are now considering divorce, there are several important things to keep in mind:

 

1. Your sponsorship obligations: If you are in the process of sponsoring your spouse for permanent residency, you are legally obligated to provide financial support to your spouse for three years, even in the event of a divorce. This means that you may still be responsible for supporting your spouse financially even after the divorce.

2. Consult a lawyer: Divorce can be a complex process, especially when immigration is involved. It is important to consult a lawyer who has experience in both family law and immigration law to understand your legal rights and obligations.

3. Notify IRCC: If you have already sponsored your spouse for permanent residency and are now getting divorced, you must notify Immigration, Refugees and Citizenship Canada (IRCC) immediately. IRCC may revoke the permanent residency status of your spouse and require them to leave Canada if they determine that the marriage was not genuine or that the sponsorship obligations were not met.

4. Seek support: Divorce can be a difficult and emotional process. It is important to seek support from friends, family, or a professional counselor to help you through this challenging time.

 

Overall, divorcing a spouse you sponsored to come to Canada can have significant legal and financial implications. It is important to seek legal advice and notify IRCC as soon as possible to ensure that you understand your legal obligations and protect your rights.

 

Common myths about spousal sponsorship in Canada

 

1. Myth: It's easy to get approved for spousal sponsorship. Reality: Spousal sponsorship is not a guarantee of permanent residency. The sponsor must meet certain eligibility criteria and provide evidence to prove the genuineness of the relationship, and the sponsored spouse or partner must also meet eligibility requirements. There is also a possibility of application refusal, even when all requirements are met.

2. Myth: The sponsored spouse or partner can work immediately upon arrival in Canada. Reality: The sponsored spouse or partner may require a work permit to work in Canada, and this may take time to obtain. In some cases, the sponsored person may be eligible for an open work permit, but this is not automatic and requires a separate application.

3. Myth: The sponsored spouse or partner must stay with the sponsor for a certain period of time. Reality: The sponsored person is not legally required to stay with the sponsor after arriving in Canada, although they must maintain their status and meet other requirements of the sponsorship agreement.

4. Myth: You need to be married to sponsor your partner. Reality: You can sponsor your partner even if you are not married. You can sponsor a common-law partner or a conjugal partner, as long as you meet the eligibility requirements.

5. Myth: You need to have a high income to sponsor your partner. Reality: While sponsors are required to meet a minimum income threshold, it is not an exceptionally high amount. Sponsors must also demonstrate that they have the financial means to provide basic necessities for their partner if necessary.

6. Myth: You can sponsor anyone you're in a relationship with. Reality: There are specific eligibility requirements for spousal sponsorship, and not everyone in a relationship will qualify. For example, there are requirements for the length of the relationship, the nature of the relationship, and the immigration status of the sponsored person.

7. Myth: You can sponsor your partner even if you have a criminal record. Reality: Sponsors with a criminal record may not be eligible to sponsor their partner. It is important to consult with a qualified immigration lawyer or consultant if you have a criminal record or other potential barriers to sponsorship.